This Notice sets out the Company’s commitments to safeguarding your privacy and Personal Data; and establishes how we will collect, process, and store your Personal Data when using the Website.
Within this Notice-
We are providing this information as part of its on-going efforts to provide transparency and fairness by ensuring that you have all the information regarding your privacy when using the Website or making any contact with us through the Website.
We take pride in keeping up to date with advances in technology and legal developments which can result in needing to change this Privacy Notice, if any changes are made a new Privacy Notice will be published on the Website which shall apply from the date of publication, so you are encouraged to revisit this Privacy Notice periodically to ensure that you agree to the version that is current at the time of your visit.
Your trust is important we want to be clear and transparent about
Whether or not you are personally identifiable from the data that we collect, store, or process you can be assured the data will only be used in accordance with this Notice.
You will be asked to agree to this Privacy Notice, if you do not agree with anything within this Privacy Notice, you must not use the Website or make contact with us from the Website.
1.1. We will only gather, collect, process, or store any Personal Data –
a. with a lawful purpose;
b. that is necessary for processing an enquiry or valuation;
c. that is necessary to deliver the Website to the device used by you;
d. to take the necessary steps to enter into and in the performance of a contract with you;
e. for internal records that we are legally obliged to keep;
f. to deal with complaints, disputes, and legal actions;
g. where necessary to protect the vital interest of you or another person;
h. to send commercial communications to you (including newsletters, notifications, special offers, discounts), where you request or consent to such communications.
i. to send commercial communications that are necessary in respect of the security of your Personal Information or in the event of a data breach which affects you or your Personal Data.
2.1. When visiting the Website, we may collect the following information –
a. the country from where you gain access to the Website;
b. the browser used by your device;
c. the operating system used by your device;
d. the screen resolution and other settings of the device you use;
e. the web pages that you visit or view;
f. the length of time you spend on a webpage;
g. the referral source, if any (the way how you arrived at the Website);
2.2. This information is anonymised and you cannot be personally identified from it, therefore it is not classified as Personal Data.
2.3. The information is used to generate Website usage reports and statistics which helps the us to
a. maintain a Website that is user friendly and compatible with popular equipment and software;
b. identify errors in the Website;
c. see which pages are popular and which are not;
d. analyse and maintain the security of the Website;
e. see what search terms or referral sources are being used to find the Website;
3.1. If you make an enquiry about the Company, its services, the Website, its Content or request a valuation; using a facility on the Website for that purpose, you will need to provide the us with your name, company or business name, telephone number or email address depending on your preferred communication channel.
3.2. This information is processed:
a. for a legitimate interest - in order that we can respond to your enquiry; or
b. with your consent to send commercial communications including the availability of new Artwork, newsletters, and notifications.
4.1. If you would like to give the Company a review or feedback, we may use your review or feedback in its publicity however we will, if requested anonymise the Personal Data only use your first name and general location, for example ‘Paul from London’ or ‘P from London’.
4.2. We may also obtain and publish reviews that are given to third party websites about the Company.
4.3. We will usually comply with any request to remove or further anonymise and Personal Data displayed on the Website in relation to a review.
5.1. We will not share your Personal Data with anyone except as stated within this paragraph 5.
5.2. The Personal Data that you provide in the forms to make an enquiry or request a valuation will need to be shared with our internet and network service provider as it passes through their networks and systems.
5.3. We may use a third party software to perform certain functions, for example to store your Personal Details in software on the Company’s computers or third party servers or on the cloud, this is considered to be sharing your Personal Data with the software.
5.4. Your email address will be shared with our email service provider when we communicate with you through email.
5.5. We may share your Personal Data with employees, officers, agents, consultants, suppliers, or subcontractors insofar as reasonably necessary:
a. for dealing with an enquiry or providing a valuation;
b. for performance of a contractual obligation;
c. to the extent that we are required to do so by law;
d. in connection with any legal proceedings or prospective legal proceedings;
e. with the purchaser (or prospective purchaser) of any business, asset, or account which the Company are (or are contemplating) selling;
f. under an order of a court.
5.6. We may also engage other businesses for website, IT or analytic support and maintenance who on rare occasions, whilst performing their services have access to your Personal Data. These businesses will be working under a contract for services that contain strict conditions in relating to accessing Personal Data and will be subject to confidentiality undertakings.
6.1. We shall not use automated processing of your Personal Data to form or make decisions except where authorised or required by law or you have given your express consent. If we uses any automated processing you are entitled to request details of the automated process.
7.1. We shall take all reasonable technical and organisational precautions to prevent the loss, misuse, alteration or deletion of Personal Data, including
a. storing of data on a secure, password protected, and firewall protected systems;
b. limiting access to data to only personnel who need access for the to deal with the purpose or reason which the Personal Data was collected;
c. using where ever possible encryption, anonymising or Pseudonymisation.
8.1. We shall not generally transfer or process any personal data outside the boundaries of the E.U. If any data is transferred outside of the E.U. we shall ensure, as far as is reasonably practical or possible, that the county has sufficient security measures and guarantees in place to protect the security of your Personal Data.
9.1. Personal Information shall not be retained for longer than is necessary to fulfil the purpose which it was collected, except where
a. you request to be included in a mailing list or data base complied and maintained by us;
b. you request or provide consent to receiving commercial communications from us;
c. it is necessary to bring or defend a legal claim;
d. another lawful purpose for retaining the Personal Data exists;
e. we are required to retain the Personal Data under a regulation or authoritative guidance
9.2. We may retain Personal Data for longer than is necessary for the purpose which it was collected to comply with a legal obligation, for example where may be a need to exercise or defend a legal right which means the some information may be retained for up to six years.
10.1. When making an enquiry or requesting a valuation, you can request or give consent to receiving commercial communications from us by putting a checkmark in the box for that purpose, we may use your Personal Data to occasionally send you newsletters, notifications, the availability of new artworks, relevant or important information about the Company, special offers or discounts.
10.2. You can opt out of receiving such communications at any time using the unsubscribe link within any communication or otherwise informing us that you no longer wish to receive such communications.
11.1. Under data protection regulations you have the right
a. to know the identity and contact details of the Data Controller and Data Protection Officer (where applicable);
b. to know the purpose and legal basis for processing your Personal Data, and where processing is based on the legitimate interests of the Data Controller, what those legitimate interest are;
c. to know whether your Personal Data is transferred or processed beyond the EU and that appropriate safeguards are in place.
d. to access your Personal Data
e. to erase Personal Data in some circumstances.
f. to restrict processing of the Personal Data in some circumstances.
g. to portable data.
h. to withdraw consent.
i. to complain.
11.2. The right of access.
a. You may require the Company to provide you with any Personal Data held about you.
b. A request for the Personal Data the Company holds about you should be made in writing.
c. The Personal Data will be provided free of charge except where a request is manifestly unfounded or excessive (for example it is a repetitive request, or where the Company needs to process large amounts of data) in which case we may make a charge for reasonable administrative costs in dealing with the request or refuse to respond but we must provide a justifiable reason for refusing to respond.
d. We shall search our systems and files for any document which contains your Personal Data and provide a copy of Personal Data within one month of receipt of the request, however where there is a substantial amount of information or it is difficult to collate we may extend this timeframe by one month by providing you notice.
e. Where Personal Data is stored electronically we may make arrangements which allow you to access the data via a secure connection to an electronic file.
f. We takes the issue of protecting your Personal Data seriously and may require proof of identity from you prior to disclosing such information.
11.3. You have the right in certain circumstances to instruct the Company to erase your Personal Data when:
a. The Personal Data is no longer necessary in relation to the purpose for which it was originally collected/processed.
b. You withdraw your consent.
c. You object to the processing and there is no overriding legitimate interest for continuing the processing.
d. The Personal Data was unlawfully processed or obtained.
e. The Personal Data must be erased to comply with a legal obligation.
f. The Personal Data is processed in relation to the offer of information services to a child.
11.4. Where you have the right and you issue an instruction to erase your Personal Data we shall use all reasonable practical and technical efforts to permanently remove your Personal Data and inform all third parties to whom your Personal Data has ben shared, of the requirement to erase your Personal Data which they hold.
11.5. In the event that your Personal Data has been published online we shall endeavour to ensure that any links or references are also removed, however due to the caching of information it may take same time before the Personal Data is no longer visible or available, for example in search engines
11.6. The right to restrict processing. We shall, upon your request, restrict the processing of your Personal Data if the following circumstances arise:
a. where you contest the accuracy of the Personal Data the Company shall restrict the processing until investigated and verified the accuracy of the Personal Data.
b. where you have objected to the processing where it was necessary for the performance of a public interest task;
c. the lawful purpose for processing the Personal Data was a legitimate interests, and the Company are considering whether its legitimate grounds override your grounds.
d. when processing is unlawful, and you oppose erasure and you request restriction instead.
e. If the Company no longer need the Personal Data but you require the information to establish, exercise or defend a legal claim.
11.7. Where processing of your Personal Data is restricted,
a. the Personal Data shall be stored but no further processing shall occur;
b. we shall inform any third party to whom your Personal Data was shared or disclosed so that all processing is restricted;
c. we shall inform you when and restricted period comes to an end.
11.8. The right to portable data
a. Any Personal Data which is stored by the Company electronically where the lawful purpose for processing is consent or for the performance of a contract, the Company shall hold that Personal Data in a portable format (readable in a format that will be commonly used on other computer systems) and shall provide this information to you or directly to another organisation (where technically feasible) upon your request.
11.9. The right to complain.
a. If you are not happy with the way the Company collect or store your Personal Data you can make a complaint to the Information Commissioners Office, however the Company would appreciate the opportunity to provide an explanation or put things right before you make a complaint to the Information Commissioner.
11.10. The right to withdraw consent.
a. If you provide your consent to process your Personal Data in a particular way, you may withdraw your consent at any time by informing the Company at the address at the bottom of this Notice.
11.11. Upon receipt of a notice withdrawing your consent the Company shall stop processing the Data except:
a. where is it necessary for the performance of a contract;
b. where there are compelling legitimate grounds for the processing, which override your interests, rights, and freedoms;
c. the processing is for the establishment, exercise, or defence of legal claims;
d. where the processing of the Personal Data is carried out under an obligation in law.
11.12. You have the right to complain about the way that we collect, process, store or retain your Personal Data. Please make any complaints in writing to our address which is at the top of this notice, if we do not resolve your complaint to your satisfaction you can make at complaint to the Information Commissioners Office at https://ico.org.uk/make-a-complaint/